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Sexual Offences Act 2003 (c. 42)(The document as of February, 2008) Page 8 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 (b) where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim risk of sexual harm order, any risk of sexual harm order made on the hearing of the application to which the interim risk of sexual harm order relates or, if no such order is made, the interim risk of sexual harm order. Power to amend Schedules 3 and 5130 Power to amend Schedules 3 and 5(1) The Secretary of State may by order amend Schedule 3 or 5. (2) Subject to subsection (3), an amendment within subsection (4) does not apply to convictions, findings and cautions before the amendment takes effect. (3) For the purposes of sections 106 and 116, an amendment within subsection (4) applies to convictions, findings and cautions before as well as after the amendment takes effect. (4) An amendment is within this subsection if it-- (a) adds an offence, (b) removes a threshold relating to an offence, or (c) changes a threshold in such a way as to cause an offence committed by or against a person of a particular age or in certain circumstances, or resulting in a particular disposal, to be within a Schedule when it would not otherwise be. General131 Young offenders: applicationThis Part applies to-- (a) a period of detention which a person is liable to serve under a detention and training order, or a secure training order, (b) a period for which a person is ordered to be detained in residential accommodation under section 44(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46), (c) a period of training in a training school, or of custody in a remand centre, which a person is liable to undergo or serve by virtue of an order under section 74(1)(a) or (e) of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)), (d) a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), (e) a period for which a person is ordered to be kept in secure accommodation under Article 44A of the Order referred to in paragraph (d), (f) a sentence of detention in a young offender institution, a young offenders institution or a young offenders centre, (g) a sentence under a custodial order within the meaning of section 71AA of, or paragraph 10(1) of Schedule 5A to, the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43AA of, or paragraph 10(1) of Schedule 4A to, the Naval Discipline Act 1957 (c. 53), (h) a sentence of detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 208 of the Criminal Procedure (Scotland) Act 1995 or Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998, (i) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), (j) a sentence of detention, or custody for life, under section 71A of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 43A of the Naval Discipline Act 1957 (c. 53), as it applies to an equivalent sentence of imprisonment; and references in this Part to prison or imprisonment are to be interpreted accordingly. 132 Offences with thresholds(1) This section applies to an offence which in Schedule 3 is listed subject to a condition relating to the way in which the defendant is dealt with in respect of the offence or (where a relevant finding has been made in respect of him) in respect of the finding (a "sentencing condition"). (2) Where an offence is listed if either a sentencing condition or a condition of another description is met, this section applies only to the offence as listed subject to the sentencing condition. (3) For the purposes of this Part (including in particular section 82(6))-- (a) a person is to be regarded as convicted of an offence to which this section applies, or (b) (as the case may be) a relevant finding in relation to such an offence is to be regarded as made, at the time when the sentencing condition is met. (4) In the following subsections, references to a foreign offence are references to an act which-- (a) constituted an offence under the law in force in a country outside the United Kingdom ("the relevant foreign law"), and (b) would have constituted an offence to which this section applies (but not an offence, listed in Schedule 3, to which this section does not apply) if it had been done in any part of the United Kingdom. (5) In relation to a foreign offence, references to the corresponding UK offence are references to the offence (or any offence) to which subsection (4)(b) applies in the case of that foreign offence. (6) For the purposes of this Part, a person is to be regarded as convicted under the relevant foreign law of a foreign offence at the time when he is, in respect of the offence, dealt with under that law in a way equivalent to that mentioned in Schedule 3 as it applies to the corresponding UK offence. (7) Where in the case of any person a court exercising jurisdiction under the relevant foreign law makes in respect of a foreign offence a finding equivalent to a relevant finding, the court's finding is, for the purposes of this Part, to be regarded as made at the time when the person is, in respect of the finding, dealt with under that law in a way equivalent to that mentioned in Schedule 3 as it applies to the corresponding UK offence. (8) Where (by virtue of an order under section 130 or otherwise) an offence is listed in Schedule 5 subject to a sentencing condition, this section applies to that offence as if references to Schedule 3 were references to Schedule 5. (9) In this section, "relevant finding", in relation to an offence, means-- (a) a finding that a person is not guilty of the offence by reason of insanity, or (b) a finding that a person is under a disability and did the act charged against him in respect of the offence. 133 Part 2: general interpretation(1) In this Part--
(2) Where under section 141 different days are appointed for the commencement of different provisions of this Part, a reference in any such provision to the commencement of this Part is to be read (subject to section 98(4)) as a reference to the commencement of that provision. 134 Conditional discharges and probation orders(1) The following provisions do not apply for the purposes of this Part to a conviction for an offence in respect of which an order for conditional discharge or, in Scotland, a probation order is made-- (a) section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (conviction with absolute or conditional discharge deemed not to be a conviction); (b) Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge deemed not to be a conviction); (c) section 247(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (conviction with probation order or absolute discharge deemed not to be a conviction); (d) paragraph 5(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the Naval Discipline Act 1957 (c. 53) (conviction with absolute or conditional discharge or community supervision order deemed not to be a conviction). (2) Subsection (1) applies only to convictions after the commencement of this Part. (3) The provisions listed in subsection (1)(d) do not apply for the purposes of this Part to a conviction for an offence in respect of which a community supervision order is or has (before or after the commencement of this Part) been made. 135 Interpretation: mentally disordered offenders(1) In this Part, a reference to a conviction includes a reference to a finding of a court in summary proceedings, where the court makes an order under an enactment within subsection (2), that the accused did the act charged; and similar references are to be interpreted accordingly. (2) The enactments are-- (a) section 37(3) of the Mental Health Act 1983 (c. 20); (b) section 58(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46); (c) Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)). (3) In this Part, a reference to a person being or having been found to be under a disability and to have done the act charged against him in respect of an offence includes a reference to his being or having been found-- (a) unfit to be tried for the offence; (b) to be insane so that his trial for the offence cannot or could not proceed; or (c) unfit to be tried and to have done the act charged against him in respect of the offence. (4) In section 133-- (a) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), and the reference to a direction under paragraph 2(1)(b) of that Schedule, include respectively-- (i) a reference to admission or detention under Schedule 1 to the Criminal Procedure (Insanity) Act 1964 (c. 84); and (ii) a reference to a restriction order treated as made by paragraph 2(1) of that Schedule; (b) a reference to admission or detention under any provision of Part 6 of the Criminal Procedure (Scotland) Act 1995, and the reference to an order under section 57(2)(b) or 59 of that Act, include respectively-- (i) a reference to admission or detention under section 174(3) or 376(2) of the Criminal Procedure (Scotland) Act 1975 (c. 21); and (ii) a reference to a restriction order made under section 178(1) or 379(1) of that Act; (c) a reference to admission or detention under regulations made under subsection (3), and the reference to a direction under subsection (2), of section 116B of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 63B of the Naval Discipline Act 1957 (c. 53) include respectively-- (i) a reference to admission or detention, and (ii) a reference to a direction, under section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 (c. 36) or Article 52 of the Mental Health (Northern Ireland) Order 1986. 136 Part 2: Northern Ireland(1) This Part applies to Northern Ireland with the following modifications. (2) References to a chief officer of police are to be read as references to the Chief Constable of the Police Service of Northern Ireland. (3) References to police areas are to be read as references to Northern Ireland. (4) References to a complaint are to be read as references to a complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction. (5) Subject to subsection (6), references to a magistrates' court are to be read as references to a court of summary jurisdiction. (6) References to a magistrates' court for the area in which the defendant resides are to be read as references to a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides. (7) References to a youth court for the area in which the defendant resides are to be read as references to a youth court for the petty sessions district which includes the area where the defendant resides. (8) References in sections 101, 110(1), (2), (3)(b), (4) and (5), 119 and 127 to the Crown Court are to be read as references to a county court. (9) Any direction of the county court made under section 89(1) on an appeal under Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (appeals in other cases) (other than one directing that an application be re-heard by a court of summary jurisdiction) is, for the purposes of section 90, to be treated as if it were made by the court from which the appeal was brought and not by the county court. (10) Any order of the county court made on an appeal under Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (other than one directing that an application be re-heard by a court of summary jurisdiction) is, for the purposes of section 108, to be treated as if it were an order of the court from which the appeal was brought and not an order of the county court. Part 3 General137 Service courts(1) In this Act-- (a) a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court, (b) a reference to an offence includes a reference to an offence triable by a service court, (c) "proceedings" includes proceedings before a service court, and (d) a reference to proceedings for an offence under this Act includes a reference to proceedings for the offence under section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53) for which the offence under this Act is the corresponding civil offence. (2) In sections 92 and 104(1), "court" includes a service court. (3) Where the court making a sexual offences prevention order is a service court-- (a) sections 104(1)(a) and (4) to (6), 105, 109, 111 and 112 do not apply, (b) in section 108, "the appropriate court" means the Crown Court in England and Wales, and (c) in section 110(3)(a), the references to the Crown Court and Court of Appeal are references to the Crown Court and Court of Appeal in England and Wales. (4) In this section "service court" means a court-martial or Standing Civilian Court. 138 Orders and regulations(1) Any power to make orders or regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument. (2) A statutory instrument containing an order or regulations under section 21, 86 or 130 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. (3) Any other statutory instrument, except one containing an order under section 141, is to be subject to annulment in pursuance of a resolution of either House of Parliament. 139 Minor and consequential amendmentsSchedule 6 contains minor and consequential amendments. 140 Repeals and revocationsThe provisions listed in Schedule 7 are repealed or revoked to the extent specified. 141 Commencement(1) This Act, except this section and sections 138, 142 and 143, comes into force in accordance with provision made by the Secretary of State by order. (2) An order under subsection (1) may-- (a) make different provision for different purposes; (b) include supplementary, incidental, saving or transitional provisions. 142 Extent, saving etc.(1) Subject to section 137 and to subsections (2) to (4), this Act extends to England and Wales only. (2) The following provisions also extend to Northern Ireland-- (a) sections 15 to 24, 46 to 54, 57 to 60, 66 to 72, 78 and 79, (b) Schedule 2, (c) Part 2, and (d) sections 138, 141, 143 and this section. (3) The following provisions also extend to Scotland-- (a) Part 2 except sections 93 and 123 to 129 and Schedule 4, and (b) sections 138, 141, 143 and this section. (4) Unless otherwise provided, any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates. (5) Section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) continues to have effect despite the repeal by this Act of section 8 of the Sex Offenders Act 1997 (c. 51). (6) For the purposes of the Scotland Act 1998 (c. 46), this Act is to be taken to be a pre-commencement enactment. 143 Short titleThis Act may be cited as the Sexual Offences Act 2003. SCHEDULESSection 56 SCHEDULE 1 Extension of gender-specific prostitution offencesSexual Offences Act 1956 (c. 69)1 In section 36 of the Sexual Offences Act 1956 (permitting premises to be used for prostitution), at the end insert "(whether any prostitute involved is male or female)". Street Offences Act 1959 (c. 57)2 In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), after "prostitute" insert "(whether male or female)". 3 (1) Section 2 of that Act (application to court by woman cautioned for loitering or soliciting) is amended as follows. (2) In the heading of the section, for "woman" substitute "person". (3) In subsection (1)-- (a) for "woman" substitute "person", (b) for "her" in each place substitute "his", and (c) for "she" in each place substitute "he". (4) In subsection (2)-- (a) for "woman" in the first place substitute "person", (b) for "he" substitute "the chief officer", and (c) for "woman" in the second place substitute "person cautioned". (5) In subsection (3), for "woman" substitute "person cautioned". Sexual Offences Act 1985 (c. 44)4 (1) The Sexual Offences Act 1985 is amended as follows. (2) For the heading "Soliciting of women by men" substitute "Soliciting for the purpose of prostitution". (3) In section 1 (kerb-crawling)-- (a) for "man" substitute "person", (b) for "a woman" substitute "another person", (c) for "women" in each place substitute "persons", and (d) for "the woman" substitute "the person". (4) In section 2 (persistent soliciting of women for the purpose of prostitution)-- (a) for the heading of the section substitute "Persistent soliciting", (b) for "man" substitute "person", (c) for "a woman" substitute "another person", and (d) for "women" substitute "persons". (5) In section 4 (interpretation)-- (a) omit subsections (2) and (3), (b) for "man" substitute "person", (c) for "a woman" substitute "another person", (d) for "her" in the first place substitute "that person", and (e) for "her" in the second place substitute "that person's". Section 72(7) SCHEDULE 2 Sexual offences to which section 72 appliesEngland and Wales1 In relation to England and Wales, the following are sexual offences to which section 72 applies-- (a) an offence under any of sections 5 to 15 (offences against children under 13 or under 16); (b) an offence under any of sections 1 to 4, 16 to 41, 47 to 50 and 61 where the victim of the offence was under 16 at the time of the offence; (c) an offence under section 62 or 63 where the intended offence was an offence against a person under 16; (d) an offence under-- (i) section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), or (ii) section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child), in relation to a photograph or pseudo-photograph showing a child under 16. Northern Ireland2 (1) In relation to Northern Ireland, the following are sexual offences to which section 72 applies-- (a) rape; (b) an offence under-- (i) section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female person), or (ii) section 53 or 54 of that Act (abduction of woman); (c) an offence under-- (i) section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration of girl under 21), (ii) section 3 of that Act (procuring defilement of woman using threats, etc.), (iii) section 4 of that Act of unlawful carnal knowledge of a girl under 14, (iv) section 5 of that Act of unlawful carnal knowledge of a girl under 17, or (v) section 7 of that Act (abduction of girl under 18); (d) an offence under-- (i) section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), or (ii) section 2 of that Act (incest by females); (e) an offence under-- (i) section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (causing or encouraging seduction, etc. of girl under 17), or (ii) section 22 of that Act (indecent conduct towards a child); (f) an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children); (g) an offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse); (h) an offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (indecent photographs of children); (i) an offence under-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 -- Back --
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